Leave of Absence
montoa
1 Post
We have an Sales Rep whom is not performing well and we are just about to do a review on her but prior giving her annual review, she fell riding a horse so she was on disability and was be able to work 4 hours a day during that time she sent an e-mail to her accounts and mantioned that she does not know whether she will have her job when she comes back which is I think it is very unprofessional. Now she decided to be on LOA.
We want to give her a written warinng based on her unproffesional e-mail to her clients. What step should we do to give her a waring letter without her thinking we are tryinig to get her?
Can we also put her in a different position when she decided to come back? also can we give a timeframe how long can she be in LOA?
I need some inputs. We are located in CA state.
Thank you
We want to give her a written warinng based on her unproffesional e-mail to her clients. What step should we do to give her a waring letter without her thinking we are tryinig to get her?
Can we also put her in a different position when she decided to come back? also can we give a timeframe how long can she be in LOA?
I need some inputs. We are located in CA state.
Thank you
Comments
Since you are in CA, the CA laws on leaves would apply. Is this a medical leave? Has she used up her Family Leave time? That's where you should start. If this is just a request for time off, a leave off absence, it is the copmpany's perogartive to grant it or not.
As to the email she sent to her accounts, the disciplinary action should follow your disciplinary procedure.
You said she is on disability. Does she qualify for ADAAA, and if so, have you started the interactive process?
Her email does sound unprofessional, but do you have any evidence that it is? I mean, did any of her clients approach you with concerns about her being terminated or anything? Professionalism is subjective, so you need to prove harm or her wording has to stand out so that any person of common sense would see it the way you do. Otherwise it just appears as if you were looking for an excuse.
If her actions are not protected by FMLA or ADAAA, and you are positive her email was unprofessional, then go ahead and write her up. But stick to the facts of her wording and any harm the company may have received as a result of her email. If you concentrate on her performance, and not her absence or why she is gone, then you should be ok.
Good luck!
Nae